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Statistics on the number of arrests for offences under the Protection of Workers (Retail and Age-restricted Goods and Services) (Scotland) Act 2021 would be kept by the Police Service of Scotland and are not available to COPFS.

Since the act came into force on 24 August 2021, there have been a total of 3,607 charges reported to COPFS for offences under that act.

Of those charges, 2,976 were marked for court proceedings and 1,199 resulted in convictions. Accordingly, 323 of those charges resulted in acquittals, while 141 were marked for ‘no further action’. A case may be marked for no further action where it is no longer in the public interest to prosecute or where it is no longer considered that there is sufficient evidence. The remaining 1,313 of the charges marked for court proceedings are still ongoing as of 31 January 2024.

Of the 631 charges which were reported to COPFS but not marked for court proceedings:-

320 were marked for a direct measure, 83 marked for no action, 74 are still awaiting a marking decision. Of the 320 marked for a direct measure, 19 were marked for a combined fiscal fine and requirement to pay compensation. A further 19 were marked for compensation alone. 61 were marked for a fiscal fine alone. 66 were marked for diversion. 6 were marked for an unpaid work offer. 122 were referred to the Scottish Childrens Reporter and 27 were issued with a warning.

A total of 154 charges were not separately actioned. This is where no action was taken against that particular charge but action (prosecution in court or direct measure) was taken against the accused in relation to other charges emanating from the same case.